Jane WrightSAUGATUCK TOWNSHIP -- Township Clerk Jane Wright disputes allegations of misconduct leveled Friday in a lawsuit that seeks to void a recent vote that raised taxes for legal fights -- funds ostensibly to be used to battle billionaire Aubrey McClendon's development plans in the Saugatuck Dunes.

The lawsuit, filed in Allegan County Circuit Court on behalf of Walter Hanlin, comes as the state Bureau of Elections investigates the May 4 election and security of the ballots, which could not be recounted because of improper handling.

The lawsuit alleges "misconduct" by Wright, "together with inaccurate information contained in her affidavit," as "sufficient basis to seriously question the integrity and accuracy of the election results," attorney John Pirich wrote.

"That these missteps occurred in the context of this special millage proposition, which was focused on building a war chest to defend against claims of bias and official misconduct, leads to further concerns that the township has not followed the rules or law and heightened scrutiny is clearly warranted."

Wright, who had not seen the lawsuit, said she could not comment, but she "absolutely" disputed any claims of misconduct. She said she followed procedures in line with "my training and my direction from the county."

She said she would be forced to hire an attorney.

The proposal for a two-year, 0.5-mill tax, passed 491 to 489. The township is fighting McClendon in U.S. District Court over zoning issues, and the state Tax Tribunal over the value of his 310-acre property.

The Allegan County Board of Canvassers called off the recount last week because ballot containers were not properly sealed.

Hanlin filed suit against the township, the township board and county Board of Canvassers.

The lawsuit said Wright admitted that on May 17 she broke the seal on the original ballot container because she was told to do so by the county clerk's office to conduct a ballot container inspection. She then said she removed the ballots and put them into a different ballot transfer case with the seal she broke, the lawsuit said.

The seal number did not match the number in the poll book, and Wright suggested it was because of "clerical errors," the lawsuit said. The broken seal could not be found, which prompted canvassers to deem the vote not recountable, the suit said.

A canvasser, Cathy Pardee, confirmed the ballots were in a canvas bag, not a sealed certified canister, during a May 12 inspection of ballot containers. The bag was sealed with a tag indicating it contained ballots from the election, the lawsuit said.

"It is contrary to protocol to cut a seal on the ballot container and remove the ballots simply due to ballot container inspection," Pirich wrote. He said the Bureau of Elections has raised concerns, and ordered the ballots held in custody of the county clerk.

Deputy County Clerk Julia Ryan-Canavan said in an affidavit that she "never instructed Clerk Wright to cut the seal on the ballot container for the May 4, 2010, election or transfer any ballots from that election to a new or different container," the lawsuit said.